Unsealing Subpoenaed Records — Duties of Custodian and Issuing Attorney

1. Law
2. Tennessee Code
3. Education
4. Miscellaneous
5. Educational Records as Evidence Act
6. Unsealing Subpoenaed Records — Duties of Custodian and Issuing Attorney

1. 1. Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that:
      1. 1. The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
         2. The eligible student or parent has had sufficient time in which to move to quash the subpoena; and
         3. No motion to quash the subpoena is pending; and
      2. 1. The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record;
         2. The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or
         3. The records have been subpoenaed in a criminal proceeding.
   2. Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received.
2. 1. Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena:
      1. States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and
      2. Directs the custodian's attendance at a deposition.
   2. Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that:
      1. The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
      2. Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and
      3. No motion to quash the subpoena is pending.
   3. The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel.

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